Workers' Compensation

Tuesday, November 20, 2012

Constitutional Challenge to Texas Workers' Compensation Domain Name--The Forbidden Words

The Fifth Circuit Court of Appeals has remanded, for additional review, a complaint filed by a Texas Workers' Compensation attorney who alleges that his constitutional rights were infringed upon by a Texas statute prohibiting misleading advertising. The attorney was cited by the State of Texas for using a domain name that contain the words "Texas" and "Workers' Compensation." The site is named, TexasWorkersCompLaw.com

The Court stated that the use of the domain maybe constitutionally protected:

"A domain name, which in itself could qualify as ordinary communicative speech, might qualify as commercial speech if the website itself is used almost exclusively for commercial purposes."

Gibson v. Texas Department of Insurance, No. 11-11136, (5th CA)

Protective Equipment Needed for Hurricane Sandy Clean-Up Workers-Volunteers

Hurricane Recovery Worker / FEMA

As the massive clean-up and recovery efforts following Hurricane Sandy continue on the East Coast, the American Society of Safety Engineers (ASSE) is assisting the U.S. Occupational Safety and Health Administration (OSHA) garner needed personal protection equipment (PPE) through donations to be sent directly to 501c3 organizations in the affected areas. ASSE members, occupational safety, health and environmental professionals, are also volunteering their time and expertise with the clean-up and recovery, while many have suffered damage to their own homes as well.

ASSE is asking companies and organizations if they can donate the following safety equipment:
1. Safety vests
2. Gloves (a) cloth, (b) rubber chemical resistant and (c) leather to handle tree branches
3. Hard Hats
4. Ear plugs
5. Knee pads, water proof coveralls and cut resistant chaps
6. Fire extinguishers
7. Goggles without vent hole
8. Electrically insulated watertight boots with steel shank, toe and insole
9. Disposable N 95 respirators but not elastomer respirators
10. Bags to contain all of the above

Please contact OSHA’s Cathie M. Mannion, Assistant Regional Administrator for Technical Support, at mannion.cathie@dol.gov if you have any questions about the specific donations or locations. OSHA notes that shipping to the individual organizations directly will speed the distribution to the workers. Also, companies should let ASSE know by contacting tstachura@asse.org or cnorgaard@asse.org on what donations are being made and where they are being sent to ensure the efforts are coordinated.

Read more about Hurricane Sandy Recovery

Workers' Compensation: Hurricane Sandy Relief: US Resources

Nov 06, 2012

Safety is a primary issue when you're recovering from a disaster. Follow these tips to help ensure your safety and cope with the disaster. If you aren't able to return home, states, tribes, localities, and the Red Cross continue to ...

http://workers-compensation.blogspot.com/

Deadly Asbestos Exposure Threat Left by Hurricane Sandy

Nov 04, 2012

The path of destruction to buildings caused by hurricane Sandy has created a potential threat of deadly asbestos exposure. Many structures destroyed and damaged by the storm contained asbestos fiber and those were ...

http://workers-compensation.blogspot.com/

Workers' Compensation: NJ Hurricane Sandy Resources: Food ...

Nov 05, 2012

NJ Hurricane Sandy Resources: Food, Water, Fuel, Hotels and Pharmacies. The NJ Regional Operational Intelligence Center has now posted a list of resources for victims suffering from Hurricane Sandy. FOOD Type Address ...

http://workers-compensation.blogspot.com/

Safety Tips for Workers Preparing For Hurricane Sandy

Oct 25, 2012

The NJ Office of Emergency Management and the National Hurricane Center are closely monitoring Hurricane Sandy ("frankenstorm") as it has the potential to become an historic storm as it moves up the Eastern seaboard ...

http://workers-compensation.blogspot.com/

Monday, November 19, 2012

Inconsequential

Employees Lives Are Inconsequential

Watching the Denzel Washington movie, Flight, this weekend, the importance of workers' compensation as an economic shield for employers became ever so apparent.

Workers' Compensation benefits were discussed in the boardroom following the loss of life of two members of the crew in a fatal crash. When the owner of the airlines was attempting to evaluate his economic exposure of a plane that crashed at the hands of a pilot who was flying DWI, the lawyers responded emphatically, the economic value of the two dead crew members could not be evaluated in the economic equation since their losses were inconsequential to the airlines as they were covered under workers' compensation.

Economics drives safety. If workers' compensrtion does not economically compensate injured workers and their famiies, then the remedy is inadequate. Loss of life should not be deemed inconsequential.

Happy Thanksgiving - Make It A Food Safe One

Food safety is especially important as you prepare a holiday meal. Within the last couple of years, CDC has investigated outbreaks of foodborne illness that were caused by bacteria in jalapeños, spinach, peanut butter, frozen pizza, frozen pot pies, and frozen beef patties. Many consumers are now more aware of the ongoing importance of food safety.

CDC is a food safety partner with the United States Department of Agriculture (USDA), Food Safety and Inspection Service (FSIS), which is responsible for the safety of meat and poultry. The FSIS has assembled preparation tips intended to serve as safety reminders to those who are already familiar with meat and poultry preparation safety and as guidelines for the first-time chef.

Turkey Basics: Safely Thaw, Prepare, Stuff, and Cook

When preparing a turkey, be aware of the four main safety issues: thawing, preparing, stuffing, and cooking to adequate temperature.

Safe Thawing

Thawing turkeys must be kept at a safe temperature. The "danger zone" is between 40 and 140°F — the temperature range where foodborne bacteria multiply rapidly. While frozen, a turkey is safe indefinitely, but as soon as it begins to thaw, bacteria that may have been present before freezing can begin to grow again, if it is in the "danger zone."

There are three safe ways to thaw food: in the refrigerator, in cold water, and in a microwave oven. For instructions, see "Safe Methods for Thawing

;" instructions are also available in Spanish

Safe Preparation

Bacteria present on raw poultry can contaminate your hands, utensils, and work surfaces as you prepare the turkey. If these areas are not cleaned thoroughly before working with other foods, bacteria from the raw poultry can then be transferred to other foods. After working with raw poultry, always wash your hands, utensils, and work surfaces before they touch other foods.

Safe Stuffing

For optimal safety and uniform doneness, cook the stuffing outside the turkey in a casserole dish. However, if you place stuffing inside the turkey, do so just before cooking, and use a food thermometer. Make sure the center of the stuffing reaches a safe minimum internal temperature of 165°F. Bacteria can survive in stuffing that has not reached 165°F, possibly resulting in foodborne illness. Follow the FSIS' steps to safely prepare, cook, remove, and refrigerate stuffing

; Spanish language instructions

are available.

Safe Cooking

Set the oven temperature no lower than 325°F and be sure the turkey is completely thawed. Place turkey breast-side up on a flat wire rack in a shallow roasting pan 2 to 2-1/2 inches deep. Check the internal temperature at the center of the stuffing and meaty portion of the breast, thigh, and wing joint using a food thermometer. Cooking times will vary. The food thermometer must reach a safe minimum internal temperature of 165°F. Let the turkey stand 20 minutes before removing all stuffing from the cavity and carving the meat. For more information on safe internal temperatures, visit FoodSafety.gov's Safe Minimum Cooking Temperatures

Following these cooking guidelines can help you prepare
a safe holiday dinner that everyone will enjoy.

More Information

Holiday Food Safety [PODCAST - 3:29 minutes]
Poultry Preparation, USDA, Food Safety and Inspection Service
Let's Talk Turkey: A Consumer Guide to Safely Roasting a Turkey, USDA, Food Safety and Inspection Service
Turkey Basics: Handling Cooked Dinners & Leftovers, USDA, Food Safety and Inspection Service
Turkey Basics: Safe Cooking, USDA, Food Safety and Inspection Service (Spanish language Turkey Basics are available)
CDC Foodborne Illness
CDC Food Safety

Long Hours Linked To Health Problems And Lower Productivity

Providing employees a chance to work
in teams, and socialize during breaks
actually increases productivity.
Photo Credit: Ambro / FreeDigitalPhotos.net

This is a guest post comes from Deborah Kohl from Deborah G. Kohl Law Offices.

Many people are surprised to learn that mental disability claims due to workplace stress are compensable by workers’ compensation. Unfortunately, claims like these are on the rise as people work longer hours and feel the pressure of an increasingly competitive working environment. Recent studies on mental health and the workplace have led researchers to discover that, over time, conditions such as extended working hours and long periods of solitary workcan lead to decreased productivity, anxiety, and even major depression.

Employers can create conditions that are more supportive of mental health by taking simple steps like allowing workers to take breaks where socializing is permitted.

While it may seem initially counter-intuitive, studies show that in the long run, policies like these can lead to a more productive workplace. Here are a few tips workers can use to stay mentally healthy at work:

Form friendships in the workplace. A positive relationship with even a single colleague can make a big difference in combating loneliness and depression. A friend at your office could provide an ear when you really need to release some steam or just take a mental break from an intense task.

That said, make a distinction between work and leisure, and make time for social activities outside the workplace.

Union Beach, N.J.,

Photo by Patsy Lynch/FEMA

As weather patterns have changed, and 100 year storms seem to be occurring across the nation every year, insurance companies are joining others in a coalition of other voices to speak out on mitigating damages and presenting harm to workers.

The dangers to first responders and rescue workers have become enormous. NJ Governor Chris Christie spoke out on Saturday Night Live about the unnecessary increased risk, when even city mayors of costal communities defy evacuation orders, and unnecessarily put workers in harms way. He called those who defy evacuation orders “idiots.”

Name-calling doesn’t solve problems, but reasonable action does. SmartSafer.org was established to support and advocate for smarter, more effective policies to help people in need, promote disaster safety and preparedness, and foster sounder environmental stewardship of our fragile coastal ecosytems.

"We simply can't go on subsidizing enormous numbers of people to live in areas that are prone to huge natural disasters." Eli Lehrer a member of SmarterSafer.org, a Washington-based coalition, on subsidies for rebuilding coastal communities.

Read the complete article in the NY Times: As Coasts Rebuild and U.S. Pays, Repeatedly, the Critics Ask Why
....
Jon L.Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson).

Read more about Hurricane Sandy

NJ Provides Workers' Compensation For Hurricane Recovery
Nov 12, 2012
As Hurricane Sandy recovery workers descend on NJ by land, sea and airlift, by the thousands, energized and fueled by caffeine, to work long and tiring hours, to do treacherous and hazardous tasks, they need to understand ...
http://workers-compensation.blogspot.com/

OSHA urges hurricane recovery workers to protect themselves
Nov 05, 2012
The U.S. Department of Labor's Occupational Safety and Health Administration is urging workers and members of the public engaged in Hurricane Sandy cleanup and recovery efforts in New York, New Jersey and the New ...
http://workers-compensation.blogspot.com/

Workers' Compensation: Hurricane Sandy Relief: US Resources
Nov 06, 2012
Safety is a primary issue when you're recovering from a disaster. Follow these tips to help ensure your safety and cope with the disaster. If you aren't able to return home, states, tribes, localities, and the Red Cross continue to ...
http://workers-compensation.blogspot.com/

Deadly Asbestos Exposure Threat Left by Hurricane Sandy
Nov 04, 2012
The path of destruction to buildings caused by hurricane Sandy has created a potential threat of deadly asbestos exposure. Many structures destroyed and damaged by the storm contained asbestos fiber and those were ...
http://workers-compensation.blogspot.com/

Related articles

Friday, November 16, 2012

Hostess Previously Fined for Safety Violations Calls it Quits

No longer twinkling......

Hostess Brands, who has failed to meet OSHA safety requirements in the past and was fined by OSHA, has now decided to just call it quits. The company, who makes junk food, had no shelf life left, and has announced that it is winding down operations.

Read more about Hostess Brands

Workers' Compensation: Hostess Fined $105,000

Jan 09, 2012

The U.S. Department of Labor's Occupational Safety and Health Administration has cited Interstate Brands, doing business as Hostess Brands, for eight serious and two repeat alleged violations of workplace safety standards ...

http://workers-compensation.blogspot.com/

Copyright

Tuesday, November 20, 2012

Constitutional Challenge to Texas Workers' Compensation Domain Name--The Forbidden Words

Protective Equipment Needed for Hurricane Sandy Clean-Up Workers-Volunteers

Monday, November 19, 2012

Inconsequential

Happy Thanksgiving - Make It A Food Safe One

Long Hours Linked To Health Problems And Lower Productivity

Insurance Companies Join Coalition to Mitigate Natural Disaster Risks

Friday, November 16, 2012

Hostess Previously Fined for Safety Violations Calls it Quits